force, the force the training academy taught us to use. they teach us to give a couple of blows with our fists and a kick to get them to comply. jonna, might that hold water if he hadn't run upon this victim as he was being pummeled by his partner with a nightclub? >> yes. if the circumstances were different and the victim wasn't already being pummeled by the cop who said he was going to do exactly that before he jumped out of the car, then bauer has a decent argument. we see what we see on the video, so given the fact that bauer did nothing to try to stop his partner from using what clearly appears to be excessive force -- >> here's the problem -- megyn: what's the problem? bauer's defense makes sense to me until i remember, look at old randolph here beating the living daylights out of the suspect. >> what happens at that point, megyn, you don't know what collins is going to do. at that point you're not trying to get your partner off of him, you're trying to make sure that collins is in a submissive position, that he is cuffed appropriate